The Employment Appeal Tribunal has upheld a tribunal decision that an employee's dismissal was unfair because it was based on a confusing alcohol policy of which he was unaware.
The Court of Appeal has held that, when considering dismissal of an employee for misconduct, an employer is not taken to have known mitigating facts that are known to the employee's manager but are withheld from the dismissing officer.
The Court of Appeal has reinstated an employment tribunal decision that a nurse with a clean record was unfairly dismissed when she made a single lewd remark while restraining a patient having an epileptic fit.
Employers faced with an employee who has been convicted of a criminal offence outside work must look at all the circumstances and still follow their usual disciplinary procedure before making a decision to dismiss, as this tribunal judgment shows.
The industrial tribunal in Northern Ireland has awarded over £40,000 for unfair dismissal to an employee who resigned after his employer breached his contract of employment on numerous occasions.